The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1887-02-25

Decision og the Comfy Supt.
In The matter of appeal from the action
of the School Board of Plummer town.
ship by H. Haffcy, ct. al.
The evidence submitted in this matter
shows thar c. d. Savage, at The time OF
contracting with the School Board of
Plummer township, in October, 1885, to
teach school number s, in that township,
held certificate which, without doubt,
he and the members of the School Board
supposed. at least, TO be valid. The en-
dorsement upon the back of certificate
[exhibit '::D"l which says, This certiti-
cate shall he good one year from this
date;;" signed, L. l.. Drury, County Super
intendent; dated February I'd, 1886, cov-
cred the date Of contract, and issued from
the proper authority to provide valid
certificate.
! shall, therefore, base my decision
upon the remaining points in controversy
without calling in question the validity
of said certificate, considering that an
appeal from tine position taken by your
former Superintendent ought properly to
come before the Territorial Supcrintend-
ent and not before successor Of coelual
rank.
As 10 the procedure on the part of the
patrons of school number in circulating
a petition to protest against the hiring
Of Mr.. Savage, 1t was not in accordance
with the method provided by the School
Law (scc. IS, sub. 81. They should have
made such pfutestatiun in meeting
called by tie moderator or any FIVE voters
of tie school; and any intmation on the
part of said School Board that such a
petition wonld be duly considered could
have no legal, binding effect upon the
subsequent action of the Board.
The petition in protest against Mr..
Savage had, according to evidence, the
names OF but three patrons proper, out of
sixteen subscribed under the heading,
I'VE, the undersigned patrons and poterS
of school number s" etc. The testimony
and evidence show there were seven pat
rons of the school at that time and there
fore a majority was not represented upon
the petition.
The meeting Of school number eight,
called by the moderator, oprotcst against
the hiring of c. d. Savage, was also an
improper method of procedure. the Board
having already hired him. The law pro-
vides, in the case of patrons wishing to
dismiss teacher. at any time after the
commencement of school, as follows,
(see See. GS, sub. 5):
"At any tine after the commencement of
any school, or any meeting OF if a
majority of the voters belonging 10
'such school, petition and ask the dis
"missal Of the teacher, the township
School Board may dismiss such
teacher, hut only upon ,iue notice and
''after good cause shown.
The motion made at this meeting "to
hire Miss Brook to keep the school,
[E1hiJit "E"l was oft of order, because
the School Board. and not the patrons of
a school, have the hiring OF teacher.
Concerning tllo meeting OF pluIn!nar
township School Board, October %. 1856,
il cannct te sai,! thai tile proceedings
were in all respects fair and candid 10
al! concerned iuasmuch as 1t had been
given oHt thai il such a petition were
gotten III anu nfc"emtV,; 10 the Board iii
wo!!.I be s;.l.' considered" (sec testimony
uf lGhn Ml!kes, DirrrtO!i. ana although
il T.ss 2rt placed in the hands; OF any
n!ember of tile B0art! until after raseu-
ton had been passed Ey thai aHiy favor
ing the hiring of Nj. saYagc. still, the
contract was not signed, and All open
consideration and aispcsa! of the p~titi,n,
before proceeding 10 sign it, would haze
been much mere straightforward.
The spirit Of The law certainly expects
of school officers, rs of all public ser
wants, conscientious enlea.cr to carry
cut the wishes of the people, when they
are known, even if they have not been
expressed in prescribed fern.
| would recommend that care be taken
by those interested, to secure, in the
proper time and manner as provided by
law, an expression Of the patrons OF
school number eight, relative to any
farther hiring of Mr. Savage. My decis-
ion is that said C. D. Savage should not
be dismissed by the School Board of
Plummer township before the expiration
of the term for which he was hired.
Given under my hand this l4th day of
February, 1887.
ALICE J. SANBoRN,